Landlord Issue - Roof Leak

[chosun]

My Landlord has been unresponsive to my request to get the roof leak fixed. I've been having water leak through the roof everytime it rains. Does anyone have any recommendations on how I can deal with this? I don't want to get in a bad relations w/ the Landlord but I'm trying to get my roof leak fixed.

[Laundry_Mike]

Good topic. I've had this problem in the past (and still to this day) with several landlords, and it's a fine line you have to walk between trying to get them to do something or pissing them off.

[amartlock]

My first mat is in a strip mall owned by a large retail property company. Whenever there is an issue with the exterior of the building they take care of it. I'm currently under agreement for the purchase of my second mat which is in a stand alone building owned by an individual. The broker ofthandedly told me that I'd be responsible for issues with the building (exterior paint, roof leaks) as if it "was common for the tenant to be responsible for these types of issues." I'm sure it depends on the lease however I thought it was interesting that it seems to be assumed that if you want something done you'd better do it yourself rather than count on the landlord.

[DuboisLaundry]

it depends a little bit on what state you are in and perhaps municipality also
if you have not already done so, notify the landlord IN WRITING. Phone calls don't count!
keep copies of everything

Allow them a reasonable amount of time to respond

If they don't respond notify them in writing again, this time include a copy of your lease highlighting where they are responsible for the roof. In this letter, request a response by a particular date - probably a month, and indicate that if they have not responded by that date you will hire someone to do it and will submit the bill in lieu of rent. Mail this one certified mail return receipt requested. Meanwhile, re-read your lease carefully and also check the landlord-tenant laws in your state to be sure you can submit repair bills instead of rent payments in your state. If you still haven't heard from them a few days before the deadline, call on the phone and ask if they have a preferred roofing contractor because you are preparing to hire someone to fix the roof - document the phone call. If they still aren't going to fix the roof as required by your lease, and if you are allowed to withold rent in your state, calll a few roofing companies. If you explain too much of the cirumstances, the roofer might not want to work with you. Send the estimates to the landlord and advise them that roof repairs will proceed on your space even if they continue to refuse to cooperate. Also start estimate what it would cost you to move if the landlord defaults on the lease and let them know that they will be on the hook for that too.

just my opinion, might be better to hire a lawyer to write some letters on your behalf once they refuse to cooperate after being notified in writing.

good luck

[chosun]

Thanks for the good advice. I have written two letters since the New Year and also faxed them as well. I also spoke with the Landlord subsequently and he said he will call a roofer. But it has been 3 weeks since the call and still no action. So at least he has acknowledged the fact that he's going to take responsibility. It's just that he's just following through on his word. I'm worried that if I take the deducting the rent route, then he might get mad and become even more uncooperative. But in the end, I probably do need to consult a lawyer to see what my options are.